Tag Archives: Undetermined
Dobbs Sentences #31: Part II A 2
Paragraph 6 of 9 Sentence 2 of 2 The next sentence contains three claims reiterating the point: “Thus, in Glucksberg, which held that the Due Process Clause does not confer a right to assisted suicide, the Court surveyed more than 700 years of ‘Anglo-American common law tradition,’ 521 U. S., at 711, and made clear […]
Dobbs Sentences #30: Part II A 2
Paragraph 6 of 9 Sentence 1 of 2 The first sentence of the next paragraph contains two claims: “Timbs and McDonald concerned the question whether the Fourteenth Amendment protects rights that are expressly set out in the Bill of Rights, and it would be anomalous if similar historical support were not required when a putative […]
Dobbs Sentences #27: Part II A 2
Paragraph 5 of 9 Sentence 1 of 3 The next paragraph starts with a sentence that contains two claims: “A similar inquiry was undertaken in McDonald, which held that the Fourteenth Amendment protects the right to keep and bear arms.” Here are the two claims: Since this is the topic sentence, the claims made here […]
Dobbs Sentences #24: Part II A 2
Paragraph 3 of 9 Sentence 2 of 2 Just one claim in this sentence, and it’s a minor one: “And in conducting this inquiry, we have engaged in a careful analysis of the history of the right at issue.” It remains to be seen how true this is, but we’ll see when the analysis is […]
Dobbs Sentences #22: Part II A 2
Paragraph 2 of 9 Sentence 3 of 3 There are two claims in this next sentence, but only one is interesting: “The second category—which is the one in question here—comprises a select list of fundamental rights that are not mentioned anywhere in the Constitution. We can dispense with the claim that we are interested in […]
Dobbs Sentences #20: Part II A 2
Paragraph 2 of 9 Sentences 1 of 3 The first sentence in this paragraph is framing the discussion. It’s technically a claim, but its role is support: ”The first consists of rights guaranteed by the first eight Amendments.” It’s simple. No citations or references or footnotes. The truth of this claim will be established by […]
Dobbs Sentences #19: Part II A 2
Paragraph 1 of 9 Sentences 2 of 2 The next sentence is a single claim, and that claim is simple and easily confirmed: “But our decisions have held that the Due Process Clause protects two categories of substantive rights.” Easily, but not immediately. I’ll come back to this after the Court explains. This is undetermined.
Dobbs Sentences #18: Part II A 2
Paragraph 1 of 9 Sentence 1 of 2 Even though we’re beginning a new section, this paragraph flows so completely from the last paragraph of the previous section that a reader who takes a break between sections might have to reverse gears a moment to make sense of this first sentence in Part II Section […]
Dobbs Sentences #17: Part II A 1
Paragraph 5 of 5 Sentences 1 of 1 The fifth paragraph in this subsection is one sentence long, and the only work that sentence does is to transition to the next line of thinking. “With this new theory addressed, we turn to Casey’s bold assertion that the abortion right is an aspect of the “liberty” protected […]
Dobbs Sentences #16: Part II A 1
Paragraph 4 of 5 Sentences 5 and 6 of 6 The last two sentences of this paragraph can be dealt with together, since neither can be confirmed in the moment: “Accordingly, laws regulating or prohibiting abortion are not subject to heightened scrutiny. Rather, they are governed by the same standard of review as other health […]
Cynical Jason 